what can I do about someone taking funds and Im the executor

my step father put me as an executor of his will. But I just found out that on of the family member with draw money for his bank account. what can I do to get that money back

Asked on April 19, 2017 under Estate Planning, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the statute of limitations has not tolled (expired), you can sue the family member for conversion, which is theft in a civil case to recover the funds.
Another alternative is sue the family member and get a constructive trust as the remedy.  A constructive trust requires the individual to return the funds.  If the funds have been spent, items purchased with those funds or the value of those items are to be returned to your father's account/estate and the constructive trust can be used to trace the funds.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.